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My I-94 wasn't taken by the USCIS Officer during and after my AOS interview. Should I be worried?

Dallas, TX |

My interview went well but he said he will leave in my passport and get back to I and my wife about his decision in a couple of weeks either through a phone call or mail. He also pleaded with me not to leave the country during this process. I was kind of confused because I was told that they take the I-94 if they are going to approve you and my interview went well because he only asked a couple of marriage related questions and spent most of the interview time going through the forms we had filled to make sure everything was correct. He contemplated taking the I-94 then said since I am still a student he won't take it.

He told us we will get a response in 2-3 weeks.It's been over 2 weeks and my uscis status is still on testing and interview and hasn't changed. Also i haven't received any mail from them yet

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Attorney answers 5


You do not need to worry. It sounds like you remain in valid non-immigrant status. As such, you may need your I-94. You will get a decision on the mail.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654,, The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.



My I-94 is till valid till JuLY, could that be a reason why it wasn't taken?

Wendy Rebecca Barlow

Wendy Rebecca Barlow


Yes. You may need proof of your status during the interim.


I agree with attorney Barlow.

MEDINA LAW GROUP PC: EXPERIENCED TEXAS IMMIGRATION ATTORNEYS. email:; Phone: (210) 821-4500; Fax: 210-821-4500; 1802 NE Loop 410, Ste 104, San Antonio, TX 78217. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Furthermore, the content of this answer does not create an attorney-client relationship. I apologize in advance for any spelling or typographical errors. MEDINA LAW GROUP PC.


Not on the basis of your I-94 not having been taken by the officer. You had been told incorrectly. It is completely discretionary with the officer whether to take your status form or not. Most officers in most jurisdictions I had interviews in, do not take status forms at the interview. Some do.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


There seems to be no reason to worry based on the facts you gave us. Walt for the decision to arrive in the mail within the next few weeks.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Who ever 'told' you this doesn't know what they are talking about and the world would be better off if they stopped giving immigration advice.

You are perfectly fine ... don't count the days, it could take more than 3 weeks. The CIS officer is only able to give an estimate ... it is not a promise to do something in 21 days.
Relax, enjoy your new marriage and ... STAY IN SCHOOL.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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